4077ENV: Week 5 Lecture Notes (Local Planning Instruments)

Brisbane’s land use pattern and built environment promotes its unique environment, such as timber and tin architecture, topography and layout and features a sustainable network of Residential Areas, Centres, employment areas and transport links.

Another go: SPA reforms to planning instruments

Consolidates state planning instruments

Establishes a clear hierarchy between and within planning instruments

Encourages strategic planning

Allows limited prohibitions

Aims for uniformity and consistency in local planning instruments

Includes decision rules to deal with conflicts

Local planning schemes (SPA, chapter 3)

A local planning scheme is an integrated planning policy for a local government area (s.79)

Local planning schemes prevail over planning scheme policies (s.83)

Planning schemes should not deal with matters governed by the Building Act (s 86)

- 8.2. The local government must consider every properly made submission

- 8.3. After considering the submissions, the local government must: (a) advise persons in writing who made a properly made submission about how the local government has dealt with the submissions; and (b) Give the Minister a written notice containing a summary of matters raised in the properly made submissions and stating how the local government dealt with the matters.

Stage 4: Second stage interest review

Stage 5: Adoption

Material change of an existing use

A material change of use to an existing lawful use requires approval.

What is a material change of use to an existing use?

– Is the existing use still current or has it been abandoned?

Characterising the use

Factual matrix

Continuing intention of the applicant or owner

– What is the threshold /magnitude /intensity of the change?

For an existing use, a new approval risks further entrenching the use:

Lilley v BCC [2003] QPEC 067

Injurious affection

The loss in development potential suffered by a landowner when a new planning scheme changes the zoning of her or his land.

The SPA allows compensation for injurious affection in limited circumstances.

Limitations to injurious affection

Not available for changes dictated by a State or regional planning instrument (including the QPPs).

Not available for changes caused by a PIP or a structure plan.

Not available if the achievable yield is unchanged.

SPA, s.706

Compensation is payable when …

Applicant must request assessment under the superseded planning scheme.

Assessment manager has discretion to assess under the superseded planning scheme or the new / current planning scheme.

For assessment under the superseded planning scheme:

- no compensation is payable.

For assessment under the current planning scheme:

- compensation is payable if the result is more adverse than it would have been under the superseded planning scheme.